Bench Memos

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Still More on Alito’s Questionnaire Response and the Thornburgh Case


1. Former Solicitor General Fried (Alito’s former boss) weighs in forcefully in this subscription-only article from the New York Sun. Key excerpts:

“This is a real red herring because the solicitor general’s office is a small one,” Mr. Fried said. “We all helped each other and looked over each other’s work. He had no formal role in writing that brief, and I can’t imagine anything sillier than someone taking credit for a brief where that’s the role they had.”

Mr. Fried, who supports abortion rights, said that while he does not think memos from the solicitor general’s office should be released, he also thinks Judge Alito was not being furtive in not mentioning his work on the 1985 abortion brief.

“I have never head of anyone who worked in the solicitor general’s office who would list all the cases where they wrote memos,” Mr. Fried said. “There are hundreds of these. It’s just absurd. It’s one of these typical cases, and I’m afraid Senator Schumer is guilty of this, that if you can’t get someone on the merits, you bring up some phony lack of candor argument. He should be ashamed of himself, but he is shameless. And you can quote me on that.”

2. Here is the Bloomberg article I quoted in my earlier post.


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